General Provisions
Section § 1
This section simply establishes the official title of the act as the Government Code. This means when someone refers to the Government Code, they are talking about this specific set of laws.
Section § 2
This section says that if the rules in this code are very similar to existing laws on the same topic, they should be treated as if they're just restating and continuing the old laws, not introducing entirely new ones.
Section § 3
If you currently hold a public office governed by laws that were repealed and replaced by this new code, and your position still exists under the new code, you can keep your job just as you did before.
Section § 4
This law means that if there was already a legal action or right that started or existed before this new code was implemented, it won't be changed by the new code. However, any procedures taken after the code starts must try to follow the new rules as closely as they can.
Section § 5
This section states that unless a specific provision or context indicates otherwise, the general guidelines, rules, and definitions outlined will guide the interpretation of this code.
Section § 6
This law states that the labels or titles of various parts of the code, like titles, divisions, or sections, don't change or influence what the actual rules or provisions mean or intend to do.
Section § 7
This section explains that when a public officer is given certain powers or responsibilities, they can allow a deputy or another legally authorized person to carry out those powers or duties unless a specific law says otherwise.
Section § 7.5
This law allows a state department director to appoint a deputy director to attend meetings and participate in decisions of a state board, commission, or committee on their behalf. The deputy can vote and be counted towards a quorum as if the director were there. However, only one deputy can represent a director at any meeting. The director remains responsible for the deputy's actions just as they would for their regular duties.
Section § 7.6
This law allows certain high-ranking California government officials, whose positions are created by the state constitution, to appoint deputies to serve in their place on state boards, commissions, committees, or governing bodies. The deputies have the same powers as the official, including participating in meetings and voting, but the officials remain responsible for their deputies' actions.
The Lieutenant Governor, Chief Justice, Attorney General, and Superintendent of Public Instruction have specific rules about whom they can designate as deputies. Notably, the Lieutenant Governor and Superintendent cannot appoint deputies for certain educational board meetings, and the Attorney General's deputy cannot act as a presiding officer on boards where the Attorney General is the presiding officer. Also, only one deputy can represent one official at meetings of the State Lands Commission.
Section § 7.7
This section clarifies that the rules outlined in Sections 7.5 and 7.6 do not change or alter the rules in Section 7 in any way. It's making sure that Section 7 stands as it is, regardless of what Sections 7.5 or 7.6 say.
Section § 7.8
This law allows the Directors of Finance, General Services, and Education to appoint a deputy or assistant director to represent them on the State Allocation Board. These appointees can exercise all the powers of the director, including voting and being part of a quorum. The director who appoints them is responsible for the appointee's actions just as they would be for their deputy or assistant performing regular departmental duties.
Section § 7.9
This law allows certain state officials—the Controller, Treasurer, Director of Finance, and Superintendent of Public Instruction—to appoint deputies to act on their behalf in state agencies. These deputies have the same authority as the officials would if they were present. However, the appointing officials are still responsible for the deputies' actions. Additionally, two designated employees for the Controller or Treasurer can receive higher executive-level classification and pay. The Superintendent of Public Instruction cannot appoint a deputy for meetings of the State Board of Education, the Regents of the University of California, or the Trustees of the California State University.
Section § 7.9
This law section allows the Controller to have two additional employees who are classified and compensated as career executives at high-level categories, either level IV or level V, beyond what is already allowed in a separate section.
Section § 8
This section explains that any required or allowed notice, report, statement, or record must be documented in a way that can be understood visually, and it should be in English unless stated differently.
Section § 9
This law means that if a law or section in this code is mentioned in other laws, it refers to the most current version, including any changes or updates made later.
Section § 10
This section defines what "section" and "subdivision" mean within this specific legal code. "Section" refers to a section of this particular code unless another statute is specified. "Subdivision" refers to a part of the section where it appears unless another section is expressly mentioned.
Section § 11
This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.
Section § 12
In legal terms, whenever the masculine is used, it also applies to the feminine and neutral genders. This means words like 'he' or 'him' should be understood to include 'she' and 'they' as well.
Section § 12.2
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 12.5
This law states that whenever the words 'man' or 'men' appear in legal texts, they should be understood and replaced with 'person' or 'persons'. This change is meant to reflect current inclusivity standards and applies when these sections are being updated. The intention is to be inclusive without altering the existing laws themselves.
Section § 13
This law means that in legal documents, words used in the singular form can refer to more than one item or person, and words in the plural can refer to just one. It's a way to make sure interpretations are flexible.
Section § 14
This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.
Section § 15
This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.
Section § 16
In this law, if someone can't write their signature, they can use a mark instead. A witness must write the person's name near the mark and also add their own signature close by. If the mark is used for any official or sworn statement, two witnesses need to sign their names near it to validate it.
Section § 16.5
This law explains how digital signatures can be used in communication with public entities when a signature is required. A digital signature must meet several conditions to be valid: it must be unique to the person, verifiable, solely controlled by the user, invalid if the data is altered, and conform to regulations set by the Secretary of State. Using digital signatures is optional for both parties, and public entities aren’t required to accept them. Digital signatures are defined as electronic identifiers with the same effect as manual signatures. The rules don't limit the use of other types of electronic signatures, and specific regulations apply only to digital signatures.
Section § 17
This law defines the term 'person' in a broad way. It doesn't just mean an individual human being; it also includes businesses and all kinds of organizations, like partnerships and corporations.
Section § 18
Section § 19
This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.
Section § 20
This law defines what qualifies as a 'city' in legal terms for California. It includes places known as a 'city and county' or an 'incorporated town.' However, it does not include 'unincorporated towns' or 'villages.'
Section § 21
This law section clarifies that when the term "town" is used, it also refers to "unincorporated towns" and "villages."
Section § 22
In this context, 'process' refers to legal documents like writs or summonses that are issued during court cases, whether the cases are civil (involving private disputes) or criminal (involving actions against the state).
Section § 23
This law section basically says that if one part of the code is found to be invalid or can't be applied to a specific situation, the rest of the code still remains valid and can be applied to other situations or people.
Section § 24
This law states that the term 'workmen's compensation' should now be referred to as 'workers' compensation.' The legislation expresses a desire for all references in the code to be updated accordingly whenever those sections are changed for any reason, although this act doesn’t alter existing laws but merely clarifies naming.
Section § 25
This law explains how property values and tax rates should be calculated and compared over time for taxation purposes. From 1980-81, properties were assessed at 25% of their full value, but starting in 1981-82, properties are assessed at their full value. Tax rates were shown as dollars per $100 assessed to 1980-81, then switched to a percentage of full value from 1981-82 onward. It further states that when comparing tax data from different years, the values and rates must be adjusted to ensure they are comparable, ensuring consistency in tax revenues or exemptions regardless of how they are expressed. To express tax rates consistently, there's a formula: multiply a 25% assessment tax rate by 0.0025 for percentage conversion, and multiply a full value percentage rate by 400 for the dollar/$100 format.
Section § 26
This law section defines "recycled water" or "reclaimed water" to mean the same thing as the definition provided in a specific part of the Water Code.